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2026 Supreme(Online)(Mad) 26299

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Saroja – Appellant
Versus
The State of Tamilnadu, Rep by the Deputy Superintendent of Police, Uthamapalayam, Theni District – Respondent
Crl.OP.(MD)No.5752 of 2026|Crl.M.P(MD)No.6206 of 2026



Advocates:
For the Appellants/Petitioners: M/s.S.Sundarapandian
For the Respondents:Mr.B.Thanga Aravindh Government Advocate(crl.side) for R1 & R2

FIR alleging SC/ST Act offences and exorbitant interest not quashed despite counterblast claim, as prima facie case exists.

Headnote:The petition under Section 528 of BNSS Act, 2023 seeks to quash FIR in Crime No.21/2026 alleging offences under Sections 296, 351(2) r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (PoA) Act, 1989 and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, based on abuse mentioning caste and demand for exorbitant interest. Court found prima facie case exists for investigation. Petitioner claimed FIR as counter-blast to her 138 proceedings, but occurrence predated them (06.10.2025 vs. November 2025). Issues framed around quashing FIR due to alleged counter-blast nature. Court observed no merit in quashing as prima facie offences disclosed in FIR warrant investigation. Petition dismissed.

Table of Content
1. fir details offences under sc/st act and interest prohibition. (Para 1 , 2)
2. counterblast claim rejected due to timeline. (Para 3 , 4)
3. petition dismissed; prima facie case for investigation. (Para 5)

ORDER

The present petition has been filed by the second accused in crime No.21 of 2026 on the file of the second respondent police seeking to quash the FIR wherein the petitioner is alleged to have committed offences under Section 296, 351(2) r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST, PoA Act, 1989 and Section 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003.

2. A perusal of the FIR reveals that the petitioner and her husband who is arrayed as A1 are said to have abused the defacto complainant by mentioning his caste and demanded exorbitant interest.

3. According to the learned Counsel appearing for the petitioner, the petitioner has already initiated 138 proceedings before the competent Court and only as a counter blast, the present complaint has been lodged.

4. A perusal of the records reveal that the occurrence is said to have taken place on 06.10.2025 and 138 proceedings have been initiated only in November

2025.

5. Considering the fact that a prima facie case is made out as against the petitioner for continuing the investigation, this Court is not inclined to entertain the present petition. There are no merits in the petition. Accordingly, this Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is also closed.

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